Terms of Use

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Terms of Use Terms of Use

TERMS OF USE

Welcome to Only The Breast. We hope you find it useful. By accessing or otherwise interacting with our servers, services, websites, or any associated content or postings (together, “OTB”), you agree to these Terms of Use (“TOU”) (last updated April 10, 2020). If you are accessing or using OTB on behalf of a business, you represent and warrant to OTB that you have authority to accept the TOU on behalf of that business and that that business agrees to the TOU. If you do not agree to the TOU, you are not authorized to use OTB.

ALL MILK MUST BE PASTEURIZED BEFORE USE. Please see our at home pasteurization tips.

All breast milk sellers should follow best practices using aseptic technique for expressing, handling, and storing human milk which also addresses shipping, freezing, and peer to peer screening. Please see our Breast Milk and Donor Mother Screening along with our Pasteurization Tips.

Please NO nudity, NO pornography sales, NO adult services and NO adult wet nursing ads. We will remove any ads or members in violation. Please be polite and respectful, this is a family-friendly site intended to help moms share their natural breast milk with thirsty babies and those with health and wellness needs.

It is expressly forbidden to add any form of contaminant, additions or adulterations such as water or bovine i.e., cow’s milk.

Do not make any statements claiming or otherwise imply that you are or your milk is: certified, tested, approved, or qualified by third party milk banks or milk processing companies. OTB cannot determine the validity of such claims and will, therefore, remove associated postings upon receiving notification or discovering the presence of such statements.

Do not make any statement claims to diagnose, mitigate, treat, cure, or prevent disease, explicitly or implicitly.

OTB provides a collection of online resources, including classified ads, forums, and various email services, (referred to hereafter as “the Service”) subject to the following Terms of Use (“TOU”). By using the Service in any way, you are agreeing to comply with the TOU. In addition, when using particular OTB services, you agree to abide by any applicable posted guidelines for all OTB services, which may change from time to time. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with OTB in any way, your only recourse is to immediately discontinue use of OTB. OTB has the right but is not obligated to strictly enforce the TOU through self-help, community moderation, active investigation, litigation, and prosecution.

MODIFICATIONS TO THIS AGREEMENT

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You are responsible for periodically checking for changes and are bound by them if you continue to use OTB. Our privacy policy (https://www.onlythebreast.com/?page_id=170), prohibited list (https://www.onlythebreast.com/?page_id=172), and all other policies, site rules, and agreements referenced below or on OTB, are fully incorporated into this TOU, and you agree to them as well.

DISCLAIMER. MANY JURISDICTIONS HAVE LAWS PROTECTING CONSUMERS AND OTHER CONTRACT PARTIES, LIMITING THEIR ABILITY TO WAIVE CERTAIN RIGHTS AND RESPONSIBILITIES. WE RESPECT SUCH LAWS; NOTHING HEREIN SHALL WAIVE RIGHTS OR RESPONSIBILITIES THAT CANNOT BE WAIVED.

TO THE EXTENT PERMITTED BY LAW, (1) WE MAKE NO PROMISE AS TO OTB, ITS COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, PROPRIETY, SECURITY OR RELIABILITY; (2) YOUR ACCESS AND USE ARE AT YOUR OWN RISK, AND OTB IS PROVIDED “AS IS” AND “AS AVAILABLE”; (3) WE ARE NOT LIABLE FOR ANY HARM RESULTING FROM (A) USER CONTENT; (B) USER CONDUCT, E.G. ILLEGAL CONDUCT; (C) YOUR OTB USE; OR (D) OUR REPRESENTATIONS; (4) WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES (“OTB ENTITIES”), DISCLAIM ALL WARRANTIES & CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (5) OTB ENTITIES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS (E.G. OF PROFIT, REVENUE, DATA, OR GOODWILL); (6) IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED $100 OR WHAT YOU PAID US IN THE PAST YEAR.

WE MAKE NO GUARANTEE OR REPRESENTATION AS TO THE NATURE OR THE QUALITY OF ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH THIS SITE. ANY TRANSACTION IS BETWEEN YOU AND A THIRD PARTY, AND AT YOUR OWN RISK. WE ARE NOT LIABLE FOR ANY HARM OR DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, AND YOU AGREE TO INDEMNIFY US FOR THE SAME.

Content

All postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item (“Item”) of Content that you post, email or otherwise make available via the Service. You understand that OTB does not control and is not responsible for Content made available through the Service and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the OTB site and Content available through the Service may contain links to other websites, which are completely independent of OTB. OTB makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other website(s) is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will OTB be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that OTB does not pre-screen or approve Content, but that OTB shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.

THIRD-PARTY CONTENT, SITES, AND SERVICES

The OTB site and Content available through the Service may contain features and functionality that may link you or provide you with access to third-party content which is completely independent of OTB, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.

Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

You agree that OTB shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that OTB is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release OTB, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.

NOTIFICATION OF CLAIMS OF

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify OTB’s agent for notice of claims of copyright or other intellectual property infringement (“Agent”), at

admin@onlythebreast.com

Please provide our Agent with the following Notice:

a) Identify the material on the OTB site that you claim is infringing, with enough detail so that we may locate it on the website;
b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.

OTB will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).

PRIVACY AND INFORMATION DISCLOSURE

OTB has established a Privacy Policy to explain to users how their information is collected and used, which is located at the following web address:

https://www.onlythebreast.com/?page_id=170

Your use of the OTB website or the Service signifies acknowledgment of agreement to our Privacy Policy. You further acknowledge and agree that OTB may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the TOU; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of OTB, its users or the general public.

CONDUCT

You agree not to post, email, or otherwise make available Content:

that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability.
with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract.
that impersonates any person or entity, including, but not limited to, an OTB employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
that includes personal or identifying information about another person without that person’s explicit consent;
that is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”;
that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement; no commercial entity may sell, solicit, contact, or buy breast milk or products from any site members or users for any commercial use or interest without explicit written permission.
that constitutes or contains any form of advertising or solicitation if: posted in areas of the OTB sites which are not designated for such purposes; or emailed to OTB users who have not indicated in writing that it is okay to contact them about other services, products or commercial interests.
that includes links to commercial services or web sites, except as allowed in “services”;
that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law. A partial list of prohibited items for sale and prohibited services offered is provided at the following web address for your convenience:

https://www.onlythebreast.com/?page_id=172

that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service; or
that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

Additionally, you agree not to:

contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
“stalk” or otherwise harass anyone;
collect personal data about other users for commercial or unlawful purposes;
use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service – unless expressly permitted by OTB;
post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
attempt to gain unauthorized access to OTB computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the OTB website; or
use any form of automated device or computer program that enables the submission of postings on OTB without each posting being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.

POSTING AGENTS

A “Posting Agent” is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on OTB resources, you may not use a Posting Agent to post Content to the Service without express permission or license from OTB. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from OTB.

NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements to OTB email addresses or through OTB computer systems, which is expressly prohibited by these Terms. Any unauthorized use of OTB computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act. Such violations may subject the sender and his or her agents to civil and criminal penalties.

PAID POSTINGS

We may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is responsible for said Content and compliance with the TOU. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the TOU.

LIMITATIONS ON SERVICE

You acknowledge that OTB may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that OTB has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that OTB reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that OTB shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

TERMINATION OF SERVICE

You agree that OTB, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if OTB believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that OTB shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.

PROPRIETARY RIGHTS

The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of OTB. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of OTB, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.

Although OTB does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to OTB an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant OTB all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.

USE

Unless licensed by us in a separate written or electronic agreement, you agree not to use or provide software (except our App and general purpose web browsers and email clients) or services that interact or interoperate with OTB, e.g. for downloading, uploading, creating/accessing/using an account, posting, flagging, emailing, searching, or mobile use. You agree not to copy/collect OTB content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). Misleading, unsolicited, and/or unlawful postings/communications/accounts are prohibited, as is buying or selling accounts. You agree not to post content that is prohibited by any of OTB’s policies or rules referenced above (“Prohibited Content”). You agree not to abuse OTB’s flagging or reporting processes. You agree not to collect OTB user information or interfere with OTB. You agree we may moderate OTB access/use in our sole discretion, e.g., by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating your access/license/account. You agree (1) not to bypass said moderation, (2) we are not liable for moderating or not moderating, and (3) nothing we say or do waives our right to moderate, or not. Unless licensed by us in a separate written or electronic agreement, you agree not to (i) rent, lease, sell, publish, distribute, license, sublicense, assign, transfer, or otherwise make available OTB or our application programming interface (“API”), (ii) copy, adapt, create derivative works of, decompile, reverse engineer, translate, localize, port or modify the App, the API, any website code, or any software used to provide OTB, (iii) combine or integrate OTB or the API with any software, technology, services, or materials not authorized by us, (iv) circumvent any functionality that controls access to or otherwise protects OTB or the API, or (v) remove or alter any copyright, trademark or other proprietary rights notices. You agree not to use OTB or the API in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.

FEES

Fees are non-refundable, even for posts we remove, delay, omit, re-categorize, re-rank, or otherwise moderate. We may refuse any posting.

DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE OTB SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE OTB SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, OTB DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE OTB SITE AND THE SERVICE.

TO THE FULLEST EXTENT PERMITTED BY LAW, OTB DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE OTB SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE OTB SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, OTB DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE OTB SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL OTB BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF OTB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE OTB SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE OTB SITE OR THE SERVICE, FROM INABILITY TO USE THE OTB SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE OTB SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE OTB SITE OR THE SERVICE OR ANY LINKS ON THE OTB SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE OTB SITE OR THE SERVICE OR ANY LINKS ON THE OTB SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

INDEMNITY

You agree to indemnify and hold OTB, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, any transaction you are a part of, post, or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.

GENERAL INFORMATION

The TOU constitute the entire agreement between you and OTB and govern your use of the Service, superseding any prior agreements between you and OTB. The failure of OTB to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for OTB to pursue legal action to enforce these Terms, you agree to pay OTB actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, OTB retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.

CHOICE OF LAW; VENUE

This agreement shall be construed under the laws of the state of Florida, without regard to its choice or conflict of law principles. Any claims or action arising out of or relating to this agreement shall be brought in a court of competent jurisdiction in Saint Lucie County, Florida.

TOU Last Updated April 2020

Reporting

Please report any violations of the TOU, emailing to:

Admin@onlythebreast.com

Publication of personal information

If your personal information has been posted in the classified section, use our edit ad feature and remove your personal information.

Abusive email

If you receive an abusive email response to one of your ads, forward the information to:

admin@onlythebreast.com

Provide as much information as possible, including the posting ID number, link, and email correspondence.

In addition, it may help to set up a block against the sender’s email address in your email settings.